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Study On The Relationship Between Procuratorial Work For Minors And Crime Prevention

Posted on:2019-11-10Degree:MasterType:Thesis
Country:ChinaCandidate:X C MaFull Text:PDF
GTID:2416330590962617Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,procuratorial work for minors plays an increasingly important role in the construction of juvenile justice system in China.Because the criminal procedure in China is generally composed of filing a case,investigation,prosecution,trial,etc.The stages are independent and connected.In this process,the procuratorial organ not only connects the preceding and the following,but also is responsible for supervising the case filing investigation and trial activities.It is the only state organ that can participate in the whole process of criminal proceedings.At the same time,in the juvenile justice,to take non-custody measures as the general principle,and our country’s review and arrest decision-making power is in the procuratorial organs.In addition,the criminal procedure law amended in 2012 stipulates special procedures for minors,on which prosecutors can make non-prosecution or conditional non-prosecution in the review of prosecution,which can make the concept of juvenile justice and the implementation of special policies for minors play a greater role.Moreover,the procuratorial function of minors plays an important role in promoting the establishment of comprehensive protection system for minors.Procuratorial organs have not only theoretical basis,but also practical needs and convenient functions to prevent minor crimes by carrying out unexamined work.It is obvious that the relationship between procuratorial work for minors and minor crime prevention is too weak.By combining the actual situation of case handling and crime prevention,we can find out which practical experiences are worth spreading and which problems need to be solved.This paper is divided into six parts: The first chapter,Literature review.This paper gives a brief example of the theoretical research results on the procuratorial work for minors and the prevention of juvenile delinquency,and analyzes the innovative features of this paper based on the actual situation of the author.The second chapter,an overview of the development of the procuratorial work for minors.This paper summarizes the establishment and development of special institutions for the procuratorial work for minors,the main functions and main modes of the procuratorial work for minors,and especially Outlines the crime prevention function in the procuratorial work for minors.Chapter three briefly introduces the theoretical basis of the prevention of minor delinquency.There are the theory of state parental power,the theory of social joint and several of sociology of law,the theory of objective punishment in modern times and the theory of social control.The fourth chapter,based on the case of the people’s procuratorate of the Shinan district of Qingdao city,investigates and analyzes the cases involving minors.Firstly,the purpose and significance of the investigation were introduced.Then introduce the investigation method.And present the survey results.In the end,the author analyzed 6 characteristics of untested cases in municipal procuratorate of the people’s procuratorate of the Shinan district,and concluded 4 causes of the case.Chapter five briefly introduces the characteristic innovation of the procuratorial work for minors of the procuratorate of Shinan district procuratorate in recent years,and analyzes five outstanding status and existing problems of the procuratorial work for minors in the prevention of crimes involving minors.The sixth chapter,aiming at the problems listed above,puts forward six countermeasures and suggestions to improve the procuratorial work for minors and strengthen the prevention of minor crime.
Keywords/Search Tags:Procuratorial work for minors, Crime prevention, Juvenile justice, The problems, The advices
PDF Full Text Request
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